Patterson Light Pollution Bill Spares Turbines Already Standing

The text as introduced · 448 words

89R581 ANG-D

By: Patterson
H.B. No. 560

A BILL TO BE ENTITLED

AN ACT

relating to light pollution mitigation for wind turbine generators.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 35, Utilities Code, is

amended by adding Section 35.0023 to read as follows:

Sec. 35.0023. WIND TURBINE LIGHT POLLUTION MITIGATION. (a)

This section applies only to an electric utility, power generation

company, or exempt wholesale generator that:

(1) is required by the Federal Aviation Administration

to use aviation obstruction lighting; and

(2) sells at wholesale electric energy produced by a

wind turbine generator.

(b) The commission by rule shall require an electric

utility, power generation company, or exempt wholesale generator to

apply to the Federal Aviation Administration, or another applicable

federal entity, for authorization to install and operate technology

to mitigate light pollution from the wind turbine generator using a

light mitigation technology system.

(c) The rules adopted under Subsection (b) must require an

electric utility, power generation company, or exempt wholesale

generator that:

(1) installs a wind turbine generator on or after

December 31, 2026, to:

(A) submit an application for approval of light

mitigation technology to the Federal Aviation Administration not

later than 180 days before the commercial operations date for the

wind turbine generator;

(B) install light mitigation technology on all

wind turbine generators not later than 18 months after receiving

approval of the technology from the Federal Aviation

Administration; and

(C) if installation of the light mitigation

technology is delayed due to forces outside of the control of the

utility, company, or generator, make a quarterly report to the

commission detailing the reasons for the delay; or

(2) installs a wind turbine generator before December

31, 2026, to:

(A) on repowering or not later than the 180th day

after the execution of a newly signed long-term power purchase

agreement, submit an application for approval of light mitigation

technology to the Federal Aviation Administration;

(B) install light mitigation technology on all

wind turbine generators not later than 18 months after receiving

approval of the technology from the Federal Aviation

Administration; and

(C) if installation of the light mitigation

technology is delayed due to forces outside of the control of the

utility, company, or generator, make a quarterly report to the

commission detailing the reasons for the delay.

(d) Subsection (c) applies only to a wind turbine generator

with a commercial operations date that occurs after December 31,

2008.

(e) Notwithstanding Section 15.023(b), the total amount of

an administrative penalty assessed for a violation continuing or

occurring on separate days under this section may not exceed $1

million.

SECTION 2. This Act takes effect September 1, 2025.